07/26/06

A Work Session of the Clarence Town Board was held on July 26, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council member's Scott Bylewski, Joseph Weiss, Bernie Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger and Director of Administration and Finance Pam Smith.

Director of Community Development – James Callahan

Public Hearings:

Ed Strickland 5880 Salt Road
A Public Hearing is scheduled for 7:50 P.M. to consider a request for a Temporary Conditional Permit to allow for a welding and fabrication business to continue operating at his residence. There will be no on-street parking. Hours of operation could also be added to the conditions of the permit.

Amendment to the Excavation Law
A Public Hearing is scheduled for 7:45 P.M. to consider a Local Law amending the Code of the Town of Clarence Chapter 93 Excavations to regulate decorative/landscape ponds.

Formal agenda items:

Metzger Civil Engineering – Roll Road west of Shimerville Road
Applicant is proposing a 3-lot Open Development area with 2 frontage lots. The proposed site is located on the south side of Roll Road approximately 800' west of the Shimerville Road intersection across from the Ribbeck/Weeks strawberry fields on 8.3 acres of vacant land in the Residential Single-Family Zone District.
The two frontage lots do not meet the character of the Open Development Area regulations (2 acres in size). There were 4-lots subdivided off the parent parcel without any minor subdivision approval in 2004.

Metzger Civil Engineering – Fairfield Road
Applicant is proposing to extend a private drive off of the Fairfield Drive public cul-de-sac to service a 4-lot Open Development area with 2 frontage lots. This 10-acre property is located at the end of Fairfield Drive and is situated between Roxberry Drive and Old Hickory Drive in Harris Hill. The proposed site is located within the Residential Single-Family Zoning District and is heavily wooded with small to moderate maturing trees. The two frontage lots do not meet the character of the Open Development Area regulations (2 acres in size). The two frontage lots were also subdivided as part of the original Fairfield Drive development.

Gullo Realty 6825 – 6843 Transit Road
Applicant is proposing to demolish the existing homes and construct a new retail store for his landscape business. The proposed site is located on the east side of Transit Road, north of County Road in the Swormville TND. There are floodway/floodplain issues and regulated wetlands. The demolition of any structure built prior to 1950 is a Type I Action under SEQRA and will require review. Councilman Kolber would like to see a complete drawing of the proposed project before the applicant starts demolishing houses and to see how much of the lot is useable because of the floodway.

Jack Wilcox 10352 Main Street
Applicant is proposing to create 2 additional residential building lots via an Open Development Area. The proposed site is located on the north side of Main Street, east of Strickler Road. An existing single-family residence is located on 7+/- acres Zoned Traditional Neighborhood District and Clarence Hollow overlay. The Planning Board has forwarded a recommendation on the Development Plans. Deputy Town Attorney Donohue is of the opinion that the Community Character Review Committee is not required to review this project.

KLH Holdings 6375 – 6415 Strickler Road
The applicant would like to create three buildings lots for single-family homes. The proposed site is located at the north-east corner of Strickler Road and Keller Road intersection. The 5.3 acre parent parcel is located in the Agricultural Rural Residential Zoning District. The land is currently vacant with predominantly field vegetation. The ZBA granted a 3' variance to allow the development of the corner lot.

Annual Renewal of Excavation Permits:
Buffalo Crushed Stone, Lakeside Sod, Clinton Excavation, Emeritus Holdings, Inc. It was suggested that Buffalo Crushed Stone be removed from the agenda for two weeks until they can meet with the Town Board to address the concerns from surrounding neighbors.

Work Session items for consideration on August 9, 2006

Sam Miller – Jones Road
Applicant would like to subdivide three parcels measuring the minimum 150' x 387' off of the parent parcel for single-family housing while leaving a 5-acre parcel with 90' frontage for future development. The 10.5 acre property is located on the south side of Jones Road approximately ½ mile from the Ransom Road intersection within the Agricultural Rural-Residential Zone and is currently vacant with predominantly small to moderate maturing trees.

Loretta Stock/Dove Medical Supply 6961 Transit Road
Applicant is proposing to remove a storage barn/accessory building in the rear of the property. The building to be removed is behind the existing home at 6961 Transit Road. The property is located within the TND Zoning District of Swormville, The building is older that 1950, the demolition of any structure built prior to 1950 is a Type I Action under SEQRA and requires coordinated review.

Cesare Banach 8500 Roll Road
Applicant is proposing to expand his business operation and construct a new 20,000 square foot office building with a 16,600 square foot warehouse in the rear yard. The 6-acre parcel is located at the northern terminus of Harris Hill and Roll Road, zoned Residential Single-Family District. The ZBA granted a use variance in June 2005 due mainly because of the sanitary sewer problems. The applicant currently operates his roofing company from the site. Future access will be provided to any public street extension to the north.

Greg Stalker 8960 Hillview Drive
Applicant is proposing to construct a secondary living unit in his new home. The proposed site is located in the newer section of Hillview, east of the recently constructed Forbes Home. The lot was approved as part of the Hidden Valley Estates Subdivision. Under the Zoning Law, secondary living units in the Residential Single-Family Zone require Special Exception Use Permits issued by the Town Board after a public hearing. Applicant has agreed to the conditions provided in the Zoning Law.

Paul Marrinaccio 8905 Lapp Road
Applicant would like to clear his property for the planting of corn and hay. The 40-acre parcel is located on the south side of Lapp Road near Krantz Topsoil Farm. The back 20 acres have become wooded over the last 40 years. The applicant had applied for a subdivision approximately 6 months ago, but recently withdrew those plans. The Planning & Zoning Office has placed a stop work order on the property on July 22. The Town Board has recently adopted the Landscape & Tree Conservation Law (Chapter 121). Town Engineer Latona request that the applicant stake out the area prior to any work commencing. The applicant must also obtain a permit from the Army Corps of Engineers before he is allowed to operate in the wetlands. Councilman Bylewski suggested the applicant be required to post a performance bond to guarantee the satisfactory completion or restoration of the applicant's property and any Town roads or other public property which might be damaged as a result of the activities of the applicant.

Essex Homes 6450 Goodrich Road
Applicant is proposing a 64-lot single family subdivision. The 65-acre parcel is located on the west side of Goodrich Road, north of the Keller Road intersection. The property is located within the Residential Single-Family Zoning District. There is a large state jurisdictional wetland on the property; several acres have become wooded over the last 50 years, about 1/3 of the property remains with field vegetation. The applicant has requested a density determination as described in the Zoning Law regarding Open Space Design Developments. The Planning Board has reviewed the subdivision plans from the applicant and has determined that they would review an open space design development that includes 45 units. Essex Homes is saying that the Planning Board is not the authority; they want the Town Board to make the determination. The applicant has not submitted the revised plans. Councilman Bylewski stated that we would be setting a precedent for every project that has a problem on the density. Councilman Kolber asked that the Planning Board forward a formal recommendation to the Town Board. Councilman Weiss stated that the applicant definition of what a mature woodland is differs from the Town's Tree Law. The project was tabled at the Planning Board because the applicant submitted a design that does not meet the density required.

Garth Davis 5945 Goodrich Road
The applicant would like to display vehicles for sale at 5945 Goodrich Road. The business owner operates from property owned by Dr. Schwab about 350' south of the four corners. The business was first approved to operate on October 24, 2001. The Town Board conditioned the approval to operate there being no display or advertising of vehicles. Applicant sent letters to the neighboring property owners stating that there would never be any display of vehicles. Applicant has violated all conditions of his permit.

Lakeside Industrial Park
This project was brought before the Town Board at the June 28th, 2006 meeting. An issue that must be determined by the Town Board is whether the applicant is to maintain a 100' set back or 100' green space. This project will be referred back to the Planning Board with that determination whether it is setback or green space.

Supervisor Kathleen Hallock

A morning Work Session is scheduled for August 2, 2006. Fox & Company will review the annual audit.

There have been several accidents at the intersection of Goodrich and Lapp Roads. The County has responded by installing two large stop signs on either side of the road on either side of the intersection. A request to lower the speed limit on Goodrich Road has been forwarded to the Traffic Safety Board.

Supervisor Hallock will make a motion to appoint a van driver and a crossing guard.

Walgreens representative Brian Maude contacted Supervisor Hallock regarding the proposed Walgreens at the intersection of Main Street, Thompson Road and Sheridan Drive. The project required 9 variances, 3 for the drugstore and 6 for the manufactured home park. They have solved the 3 variances for Walgreen's but still need 6 variances for the mobile home park. Mr. Maud wants to know if the Town Board would be willing to look at the project again more favorably. The concern of several Town Board members was the impact this project would have on the manufactured home park.

Supervisor Hallock e-mailed Town Attorney Bengart and Town Engineer Latona with the name of a contact person at NYSEG about the Waterford easement.

Speed bumps have been installed at Memorial Park; Parks Security said that they are quite effective.

Supervisor Hallock has a request for a Special Event – Tami Barillari Blemel Memorial Walk to be held in the Town Park on August 6th.

Supervisor Hallock and Councilman Casilio have talked to Parks Security about illegal signs on utility poles and in right of ways. Parks Security will enforce the sign ordinance by removing signs on utility poles through the direction of the Supervisor's office. Director of Community Development James Callahan stated that his office will handle the stand alone signs.

Supervisor Hallock attended the Erie County Water Authority meeting; the information is available in her office.

Supervisor Hallock has three items to discuss in Executive Session.

Councilman Scott Bylewski

The reverse 911 was activated for the smoke testing of the sewers. Some people that live in the district did not receive the call and other people outside the district received the call. Town Engineer Latona stated that the boundary definition is difficult. Councilman Bylewski will forward the information to Dave Bissonette.

Councilman Bylewski has circulated the letter he is forwarding to the Thruway Authority. If anyone has any comments, they can e-mail them to Councilman Bylewski.

The TEQR Committee has forwarded recommendations from their July 17, 2006 meeting.

Tyson Smith has contacted Jim Callahan regarding the Adequate Public Facilities Law. He has contacted five service providers and the attorney for Williamsville Schools. The DOT and Erie County Highway have been difficult to pin down. A teleconference is scheduled for August 2, 2006.

Councilman Joseph Weiss

Councilman Weiss addressed the sewer mitigation project. The DEC representative on site was satisfied with the way the project was being conducted.

Councilman Weiss stated that he has established the cost and the liability of a skate park, the only thing left is to find a location. Councilman Weiss has received several letters suggesting locations. He has asked the Clarence Bee to publish an article for more public input.

Councilman Weiss attended the Conservation Council meeting; he felt it was very important for the various boards to see the connectivity of projects, the synergy of different things such as drainage, sewers, pollution and traffic how they impact projects.

Everything is in order for the canoe trip scheduled for August 5, 2005 with the Youth Department. There is a licensed driver however; Town Attorney Bengart is waiting word from the Senior Center with regard to use of the Senior Center van.

Councilman Weiss suggested our sign law be reviewed and up dated.

Councilman Weiss received a call from Holly Zuffranieri of 8470 Springbrook Court. She is requesting the drainage ditch between Meadowlakes development and Meadowlakes Park be sprayed for mosquitoes and an orange fence be erected around the ditch. Councilman Weiss told her that our Parks Department mows that area to keep the vegetation down and we only get water after a heavy rainfall.

Highway Superintendent Ted Donner is requesting the appointment of Joseph Braunscheidel as a Traffic Signal Consultant for the summer of 2006.

Councilman Weiss thanked everyone who made a donation at Day in the Park for the WNY Food Bank, 132lbs. of canned goods were collected.

Councilman Weiss copied the Board on a letter he sent to Drew Eszak, Commissioner of Erie County Sewerage Management regarding a replacement on EC Sewer District #5 Board of Managers.

Councilman Weiss copied the Board on information from the Town of Amherst as to how they review wetlands.

Councilman Weiss has two items to discuss in Executive Session.

Councilman Bernie Kolber

Councilman Kolber will make an appointment to the Community Residences Committee.

Councilman Kolber has a Resolution authorizing the Supervisor to sign the Erie County Stop-DWI contract for 2006 – 2007.

Councilman Patrick Casilio

The Senior Center has narrowed their search for a Program Director down to four applicants.

A letter has been submitted to Director Janice Whittier regarding use of the Senior Center van.

There have been several issues with the street lights in the Harris Hill area. Councilman Casilio has been investigating the situation for several months and has found out that there was never an agreement from NYSEG to pay for replacement lights in the Harris Hill area. There are some immediate dangers that must be addressed possibly though our Capital Improvement Program.

Regarding the Morlando project, Councilman Casilio is in negotiations with the property owners.

Councilman Casilio has received feedback from the article in the Clarence Bee regarding drivers speeding on town roads. The Town is waiting to purchase a speed machine when it becomes available on state bid.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105(1)H of the Open Meetings Law to discuss proposed acquisition or lease of real property, § 105 (1)D proposed litigation regarding Heise-Brookhaven, §105(1)F the appointment of an individual, the appointment of a corporation, the employment history of a corporation. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session recessed at 7:14 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to recess the Executive Session at 7:30 P.M. it will resume after the Town Board meeting. Upon roll call - Ayes: All; Noes: None. Motion carried.

The Work Session reconvened at 9:10 P.M.

Town Board members had been made aware of a concern of Bank Street resident about the recent waterline work in the road performed by the Erie County Water Authority. The Highway Department repaved Bank Street in the year 2000. A subcontractor repaved Bank Street again in 2004, after the sanitary sewers were installed. The Street was completely repaved after the sewers because that work was much more extensive with crossings and greater widths. The Water Authority will resurface the east side of the road where their work was performed but will not do anything with the west side of the road. The west side of the road appears to have been scratched by the equipment and the residents would like to have it restored to where it was before the Water Authority work. Councilman Weiss met with the residents and Highway Superintendent Donner. The cost of material alone to resurface the west side of the road would be approximately $15,000 and would be a Town cost. Because the actual pavement was not disturbed, it was agreed that $15,000 would be better used elsewhere where roadwork needs are greater. Councilman Weiss informed the residents about the decision.

Supervisor Hallock said she talked to Tom Wik about Bank Street. Mr. Wik is the Distribution Engineer for the Erie County Water Authority, a former Amherst Highway Superintendent and Municipal Liaison for the Water Authority. The Supervisor would like to prevent a situation again where Water Authority work is done on recently paved roads. Mr. Wik said waterline construction is designed one year and done the next year. The Town Board suggested that the Highway Superintendent annually makes the Water Authority aware of long range road work projects planned so that better coordination could take place.

Councilman Casilio handed out Financial Statements and Independent Auditor's report for the Year ended December 31, 2005 for the Clarence Senior Citizens, Inc.

The Town Board received a letter from a resident suggesting a piece of property that he would like to see purchased by the town for the Greenprint program. Councilman Casilio asked what was happening with the request. Supervisor Hallock said the Western New York Land Conservancy is sending the owner a letter to see if there is interest in participating in the Greenprint program.